1 Neutral Citation No. - 2025:AHC:90836 Reserved On:- 22.05.2025 Delivered On:- 27.05.2025 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 334 of 2024 Applicant :- Deepak Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abha Pandey,Shankarshan Bankata Counsel for Opposite Party :- G.A. Hon'ble Siddharth, J. 1. Heard Ms. Abha Pandey, learned counsel for the applicant and the A.G.A for the State. 2. The above noted application has been filed praying for cancellation of bail in Case Crime No. 183 of 2024, under Sections- 363, 366, 376 IPC and Section ¾ of POCSO Act, Police Station- Chaubeypur, District- Kanpur Nagar. 3. The order of the trial court granting bail to the opposite party no. 2 is being assailed on the ground that the victim was minor at the time of incident. Opposite party no. 2 obtained marriage certificate of victim on the basis of fabricated documents. 4. Applicant also filed an application under Section 340 Cr.P.C below the court which was rejected. 5. This court finds that victim has not made any allegation against the applicant of abduction or commission of offence of rape, hence, trial court granted bail to the applicant. Even if it is assumed that she was below 18 2 years of age and not of 20 years as per school record, even then the bail granted to the applicant cannot be cancelled in view of the judgment of the Apex Court in the case of Atul Mishra vs. State of U.P and 3 others in Criminal Misc. Bail Application No. 53947 of 2021. The relevant paragraphs nos. 11 to 14 are as follows :- " 11. As mentioned above, undisputedly on the date of incident i.e. 06.11.2019, the victim Ms. ''A' was a minor girl and her ''consent' as contemplated u/s 375/376 I.P.C. has got no value in the eyes of law. This seems to be conservative approach to deal and decide the instant issue and rightly so. But as I have stated in the opening part of the order, that applicability of any statutory penal provision is not a mathematical exposition or theorem. It contains inherent flexibility to cope up an extraordinary situation and to have more meaningful and larger good. 12. There can be no second thought as to the seriousness of the offence under the POCSO Act and the object to achieve. Enactment of POCSO Act was to effectively address the heinous crime of sexual abuse and sexual exploitation of children. The Act was introduced to provide protection of children from the offences of sexual assault and harassment etc. This Act also provides for safeguarding the interest of the child at every stage of judicial process. But this laudable object must have some genuine and inherent exceptions too. It is imperative for the Court of law to draw thin line that demarcates the nature of acts that should not be made to fall within the scope of this enactment. There are certain gray areas, where the severity of the sentences provided under the Act, rightly so be diluted keeping in view the facts of each case. If these rigors of the enactment is pasted hastily or irresponsibly, it could lead to irreparable damage to the reputation and future of young whose actions would have been only innocuous and may lead to spoiling the future life of that innocent lovers or couple who out of sheer innocence have initially developed and thereafter established that relationship, which if seen through the bioscope of these penal provisions of Act of 2012, would fall within the realm of offence. 13. Growing incidences where teenagers and young adults fall victim of the offences under the POCSO Act, being slapped by the penal provisions of POCSO Act without understanding the far reaching implication of the severity of the enactment, is an issue that brings much concern to the conscience of this Court. A reading of the statement of objects and reasons of POCSO Act would show that, as mentioned, to protect the child from the offences of sexual abuse, sexual assault and harassment, pornography, pursuant to the Article-15 of the 3 Constitution of India, 1950 and the Conservation on the Rights of the children. However, a large array of the cases filed under the POCSO Act seems to be those arising on the basis of the complaints/F.I.Rs. lodged by the families of adolescents and teenagers who are involved in romantic relationship with each other. The scheme of the Act clearly shows that it did not intend to bring within its scope or limits, the cases of the nature where the adolescents or teenagers involved in the dense romantic affair. 14. This Court deems it fit and necessary to take a moment to delve into an important aspect, the awareness of which is crucial in understanding and appreciating with the cases of instant nature. It is crucial to accept the science and psychology of an adolescent and young adulthood at this juncture. This is because social and biological phenomenons are widely recognised as determinates of human development, health and socio-economic attainment across the life course, but our understanding of the underlying pathways and processes remains limited. Therefore, a "bio-social approach" needs to be adopted and appreciated i.e. one that conceptualizes the biological and social requirements of two teenagers, who on account of mutual infatuation are attracted and decide for their future. Their decision could be impulsive, immature but certainly not sinful or tainted as branded in the F.I.R. or complaint of the informant. " 6. In view of the above legal position, no ground has been made out for cancelling bail granted to opposite party no. 2 7. The bail cancellation application is rejected. 8. The trial court is directed to conclude the trial against the applicant as expeditiously as possible as per Section 309 Cr.P.C. (new Section 346 B.N.S.S.). Order Date :- 27.05.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad